Advertisements
Advertisements
प्रश्न
Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom a decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts: A decision is given by the court at New Delhi on a contractual matter against X in a suit between X and Y. X is a resident of Maharashtra and he has properties in Maharashtra and Gujarat.
पर्याय
New Delhi court can transfer the proceedings to Court at Maharashtra only
New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
New Delhi court can transfer the proceedings to court at Gujarat only
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Advertisements
उत्तर
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Explanation:
New Delhi court can transfer the proceedings to either of the courts i.e. Maharashtra or Gujarat. This is according to the principle that the Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
APPEARS IN
संबंधित प्रश्न
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Republic Day is celebrated on 26th January every year in the country.
Reason: The Constitution of lndia came into force on 26th January 1950.
Mark the best option:
Who presided over a joint sitting of the lower and upper house of the Parliament?
Mark the best option:
Principles:
- The Constitution of India has divided the power to make laws between the Central and State Legislatures by mentioning the subjects for legislation under the Union (under Central Government), State (under State Government) and Concurrent List(under both Central and State Governments) under the Seventh Schedule.
- When the Central or State Legislatures exceed the subjects in their respective lists, the law so made is considered ultra vires the Constitution and has no effect.
- A subsequent retrospective amendment of the Constitution widening the scope of legislation of the said legislature cannot validate such ultra vires legislation.
- A fresh law enacted by the said Legislature post such an amendment of the Constitution is considered valid.
- A Legislature in exercise of its valid legislative power may extend to its territory a law made by another Legislature.
Facts: In light of the growing economic development in the state of Gujarat, the state legislature passed a law on 26th December 2012 setting up Gujarat State Railways Corporation to ply goods trains between commercial areas within Gujarat. The law faced criticism since railways formed an entry under the Union List in the Seventh Schedule of the Constitution. The Gujarat legislature stood by the legislation owing to the 118th Constitutional Amendment of 28th December 2012 shifting only commercial railways to the Concurrent List.
Post the Constitutional Amendment, laws in relation to passenger railways can be made by:
Punjab was divided into Punjab and Haryana in the year?
Which one of the following changes has not been made to the Citizenship Act of India by the Amendment in 2015?
In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct?
Assertion (A): The Directive Principles enshrined in the Constitution aim at providing the social and economic base of genuine democracy.
Reason (R): The Directive Principles are merely directives which the government has to keep in mind while framing policy and are not enforceable through the court.
Which of the following statement is incorrect about Money Bill?
Who among the following is the guardian of the public purse?
Answer the question which follows from the application of the under mentioned legal principle.
Principle: The law permits citizens to use force only for protection when necessary against imminent attack.
Facts: P with the intention of committing theft entered the house of Q. Q, on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi on his head which caused his death. On being prosecuted for murder, Q took the plea of private defense. Which of the following argument is valid?
The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: Damages are the money recompense, as far as money can do, for the violation of a right.
Facts: A, an Indian citizen, have a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter's list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.
